(By Mr. Speaker, Mr. Chambers, and Delegate Ashley)
(By Request of the Executive)
[Introduced January 17, 1995; referred to the
Committee on Government Organization.]

A BILL to amend chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-six-a,
relating to the West Virginia commission for national and
community service.

Be it enacted by the Legislature of West Virginia:
That chapter five of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article twenty-six-a, to read as
follows:ARTICLE 26A. WEST VIRGINIA COMMISSION FOR NATIONAL AND COMMUNITY

SERVICE.

§5-26A-1. Findings, purposes, and intent.

The Legislature hereby finds and declares:
(a) The National and Community Service Trust Act of 1993, Pub. L. 103-82, was enacted to foster civic responsibility and to
enable the citizens of the various states to participate in, for
the benefit of their communities, various volunteer and other
service programs including, but not limited to, community corps
programs, youth corps programs, campus-based programs,
professional corps programs, AmeriCorps programs, Older American
Volunteer programs, and VISTA programs.
(b) The National and Community Service Trust Act of 1993,
Pub. L. 103-82, created the corporation for national and
community service for the purpose of assisting the various states
in the creation and operation of a state-wide commission that
would have as its purpose the encouragement, coordination, and
assistance of the efforts of individuals or other entities, from
both the public and private sectors, to create or participate in
local community service programs.
(c) The corporation for national and community service
assists a state's commission by and through a grant to the
commission that is equal to a percentage of the commission's
administrative costs.
(d) The deadline for the creation of a state commission was
the first day of January, one thousand nine hundred ninety-four,
if the state commission was to receive an administrative grant in
the corporation for national and community service's fiscal year
beginning in the calendar year one thousand nine hundred ninety-four.
(e) The West Virginia commission for national and community
service was created by an executive order of the governor of the
state of West Virginia made on the twenty-eighth day of January,
one thousand nine hundred ninety-four, but the executive order
contemplated the enactment of legislation continuing the state
commission in the next session of the Legislature.
(f) The West Virginia commission for national and community
service has striven to develop a coordinated, unified plan in
response to the National and Community Service Trust Act of 1993,
Pub. L. 103-82, and to meet the social, environmental,
educational, and public safety needs of the state of West
Virginia by instilling in its citizens a greater sense of pride
in, and responsibility for, their communities.
(g) The Legislature intends to continue the West Virginia
commission for national and community service for the purpose of
complying with the provisions of the National and Community
Service Trust Act of 1993, Pub. L. 103-82, and for the purpose of
meeting the social, environmental, educational, and public safety
needs of the state of West Virginia by and through promotion and
coordination of community outreach initiatives.§5-26A-2. Continuation of West Virginia commission for national

and community service; support and assistance to
commission.

(a) The West Virginia commission for national and community
service is hereby continued as a state commission within the
meaning of, and in accordance with, the provisions of the
National and Community Service Act of 1990, as amended by the
National and Community Service Trust Act of 1993, and the
provisions of any rules or regulations promulgated under the Act.
(b) By executive order, the governor shall provide for any
administrative support to the West Virginia commission for
national and community service as the governor may deem to be
necessary.
(c) All agencies of the state shall provide such assistance
and information to the West Virginia commission for national and
community service as is necessary to ensure a fully coordinated
effort throughout the state relating to the promotion of national
and community volunteer service.§5-26A-3. Members.(a) The West Virginia commission for national and community
service shall have no fewer than fifteen and no more than
twenty-five voting members to be appointed by the governor.
(b) The voting membership of the West Virginia commission
for national and community service shall include:
(1) At least one individual with expertise in the
educational and developmental needs of the state's disadvantaged
youth;
(2) At least one individual with experience in promoting the
involvement of older adults in national or community service and
volunteer programs;
(3) A representative of a community-based agency operating
within the state;
(4) The secretary of the department of education and arts
created pursuant to section two, article one, chapter five-f of
the code of West Virginia, as amended, or a designee;
(5) The state superintendent of schools or a designee;
(6) A representative of a county or municipal government;
(7) A representative of a local labor organization;
(8) A representative of a for-profit business operating
within the state; and
(9) An individual whose age is between the age of sixteen
years and twenty-five years, inclusive, who has been, or remains,
a participant or a supervisor in a volunteer or service program.
(c) The membership of the West Virginia commission for
national and community service shall include a representative of
the corporation for national and community service who shall
serve as a member in a nonvoting, ex officio capacity.
(d) No more than twenty-five percent of the voting
membership of the West Virginia commission for national and
community service may be individuals who are employed by the
state or its agencies, except that the membership may include additional employees of the state or its agencies in a nonvoting,
ex officio capacity.
(e) No member of the West Virginia commission for national
and community service may vote on an issue affecting
organizations for which the member has served as a staff person
or as a volunteer at any time during the twelve month period
before the member's appointment to the commission.
(f) No more than fifty percent plus one of the members of
the West Virginia commission for national and community service
may be members of the same political party.
(g) To the extent possible, the membership of the West
Virginia commission for national and community service shall
reflect the diversity of the state's population.
(h) Members of the West Virginia commission for national and
community service who were appointed under the executive order of
the governor entered on the twenty-eighth day of January, one
thousand nine hundred ninety-four, shall continue as members of
the commission for a term of three years except that the governor
shall designate eight members who shall serve for a term of two
years and shall also designate an additional eight members who
shall serve for a term of one year. Additional appointments by
the governor under the provisions of this section and
appointments by the governor upon the expiration of a member's
term shall be made for a term of three years. Appointments of members by the governor to serve for an unexpired term shall be
for the remainder of the unexpired term. Members may be
reappointed.
(i) The voting members of the West Virginia commission for
national and community service shall annually elect a voting
member to serve as the chair of the commission.
(j) The members of the West Virginia commission for national
and community service shall meet at the call of the chair, who
shall be obligated to call a meeting at the request of a simple
majority of the members or as necessary to ensure that the
members have met at least twice in each calendar year of the
commission's operation.
(k) The members of the West Virginia commission for national
and community service shall serve without compensation, except
that the members of the commission who are not state employees
shall be reimbursed for their actual and necessary expenses
incurred in discharging their duties and responsibilities as
members of the commission.§5-26A-4. Duties and responsibilities.The West Virginia commission for national and community
service shall have the duties and responsibilities set forth in
the provisions of the National and Community Service Act of 1990,
as amended by the National and Community Service Trust Act of
1993, and the provisions of any rules or regulations promulgated under the Act. The duties and responsibilities include:
(a) Advising and assisting the governor in the development
and implementation of a comprehensive state-wide plan for
promoting volunteer involvement and citizen participation in
programs which are designed to serve the needs of the citizens of
the state and its communities;
(b) Fulfilling federal program administration requirements,
including the provision of health care and child care for program
participants;
(c) Submitting annual state applications for the federal
funding of the AmeriCorps programs that are selected by the
commission;
(d) Integrating AmeriCorps programs, existing ACTION and
Older American Volunteer Programs, and K-12 Learn and Serve
Programs into the state's strategic service plan;
(e) Conducting local outreach to develop a comprehensive and
inclusive state service plan;
(f) Coordinating with existing programs for service and
volunteerism in order to prevent unnecessary competition for
private sources of funding;
(g) Providing technical assistance to service and volunteer
programs, including the development of training methods and
curriculum materials;
(h) Developing a statewide recruitment and placement system for individuals who are interested in community service
opportunities;
(i) Preparing quarterly reports on progress for submission
to the governor and preparing an annual report for submission to
the governor and the Legislature on or before the first day of
January of each year which shall detail the commission's
activities for the preceding year; and
(j) Serving as the state's liaison to national and state
entities or other organizations which also promote national and
community service and volunteerism.§5-26A-5. Powers.
(a) The West Virginia commission for national and community
service may apply for and accept funds, grants, gifts, and
services from local government, the state, or the federal
government, or any of their agencies, or any other public or
private source and is authorized to use funds derived from these
sources to defray administrative costs and implement programs to
fulfill the commission's duties and responsibilities.
(b) The West Virginia commission for national and community
service shall accept on behalf of the governor any reports that
relate to community service and volunteerism issues and that are
required to be submitted to the governor by the provisions of the
code of West Virginia.§5-26A-6. Termination date.The West Virginia commission for national and community
service shall terminate on the first day of July, two thousand,
unless a performance audit has been conducted upon the commission
pursuant to the provisions set forth in article ten, chapter four
of this code.

NOTE: Federal funds are available to offset the costs of
administration of a state commission that coordinates and
promotes community service programs such as AmeriCorps and Vista,
and the National Community and Service Act of 1993, Pub. L.
103-82, is a mandate that such commissions be established. The
governor created a commission by executive order on January 28,
1994, in order to meet the federal deadline for the states'
applications for 1994 fiscal year grants. This legislation is
necessary to continue the fiscal year grants. This legislation
is necessary to continue the commission and satisfy the
requirements of the federal legislation and ensure the state's
continued receipt of administrative grants and funding for
various federal volunteer or community service programs.

This article is new; therefore, strike-throughs and
underscoring have been omitted.